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DocuSign Envelope ID:A9CF8A9E-4CDB-4BB9-A678-D4AD80CD1393 <br /> a. The Contractor shall exercise reasonable care and diligence in performing the Work in accordance <br /> with the highest generally accepted standards of this type of Contractor practice throughout the <br /> United States and in accordance with applicable federal, state and local laws and regulations <br /> applicable to the performance of these services. Contractor is solely responsible for the <br /> professional quality, accuracy and timely completion and/or submission of all work. <br /> b. The Contractor shall not load or permit any part of the Work to be loaded with a weight that will <br /> endanger its safety, intended performance or configuration. <br /> c. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. <br /> Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or <br /> conflicts at no additional cost to the Owner. <br /> d. Contractor is an independent contractor of Owner. Any and all employees of the Contractor <br /> engaged by the Contractor in the perfoimance of any work or services required of the Contractor <br /> under this Agreement, shall be considered employees or agents of the Contractor only and not of <br /> the Owner, and any and all claims that may or might arise under any workers compensation or <br /> other law or contract on behalf of said employees while so engaged shall be the sole obligation and <br /> responsibility of the Contractor. <br /> e. Contractor agrees that Contractor, its employees, agents and its subcontractors, if any, shall be <br /> required to comply with all federal, state and local anti-discrimination laws, regulations and <br /> policies that relate to the performance of Contractor's services under this Agreement. <br /> f. If activities related to the performance of this Agreement require specific licenses, certifications,or <br /> related credentials Contractor represents that it and/or its employees, agents and subcontractors <br /> engaged in such activities possess such licenses, certifications, or credentials and that such licenses <br /> certifications, or credentials are current, active, and not in a state of suspension or revocation. <br /> 4. PAYMENT& TAXES <br /> a. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, <br /> and the Contractor hereby agrees to perform all of the Work for a sum not-to-exceed Dollars <br /> ($ ). Not later than the fifth(5th) day of each calendar month the Contractor shall submit to <br /> the Owner a Request for Payment for work done during the previous calendar month. The Request <br /> for Payment shall be in the form of a standardized invoice or AIA Document G702 and shall show <br /> substantially the value of the work done during the previous calendar month. This amount may be <br /> paid by the Owner on or before the last business day of the month. Final payment shall not be due <br /> to the Contractor until thirty (30) days after all work, including punch list work, has been <br /> satisfactorily completed. <br /> b. Should Owner reasonably determine that Contractor has failed to perform the Work related to a <br /> Request for Payment, Owner, at its discretion may provide the Contractor seven (7) days to cure <br /> the breach. Owner may withhold the accompanying payment without penalty until such time as <br /> Contractor cures the breach. Should Contractor or its representatives fail to cure the breach within <br /> seven (7) days, or fail to reasonably agree to such modified schedule, Owner may immediately <br /> terminate this Agreement in writing, without penalty or incurring further obligation to Contractor. <br /> This section shall not be interpreted to limit the definition of breach to the failure to perform the <br /> Work related to a Request for Payment. <br /> c. The Contractor has included in the Contract Price and shall pay all taxes assessed by any authority <br /> on the Work or the labor and materials used therein. It shall be the Contractor's responsibility to <br /> furnish the Owner documentary evidence showing the materials used and sales and use tax paid by <br /> the Contractor and each of its subcontractors. <br /> Revised October 2011 2 <br />